WPCRL/1831/2021
2021 Latest Caselaw 4000 UK

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                                  WPCRL No.1831 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Pranav Singh, learned counsel for the petitioner.

Ms. Manisha Rana Singh, learned A.G.A. along with Ms. Sonika Khulbe, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.0055 of 2021, under Sections 406 IPC, registered at Police Station Buggawala, District Haridwar.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated; he is ready to pay the cost of the wood which was estimated by the Forest Department within a period of 20 days.

As per document (Annexure-5) dated 25.05.2021, cost of 219 wooden blocks was estimated by the Forest Department as Rs.29,197/-. A direction was issued to recover the amount from the petitioner. Simultaneously, an FIR was lodged with the Police Station U/s 406 IPC. The petitioner is ready to deposit the above amount within a period of 20 days from today.

Learned counsel for the State fairly submitted that the case is covered by Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273.

The writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

In view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, the petitioner should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that he has committed an offence. Before making arrest, the Investigating Officer is required to satisfy himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipsi dixit of the Police Officer. In other words, the petitioner shall be arrested only when the conditions stipulated in Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied. Petitioner is directed to contact the Investigating Officer.

Criminal writ petition is summarily disposed of with the direction as above.

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 04.10.2021 Sukhbant